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Kirby v. Newman

208 A.D. 814 Court N.Y. App. Div. English

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p. 814
Thomas Kirby, Appellant, v. Esther Newman, Respondent.

The decision handed down herein on February 7, 1924 [See ante, p. 791], is corrected so as to read as follows: Order setting aside verdict and dismissing complaint affirmed, with costs. No opinion. Kelly, P. J., Manning and Kapper, JJ., concur; Jaycox and Young, JJ., dissent upon the ground that the question of defendant’s negligence was a question of fact for the jury, and its finding thereon should not be disturbed.